Osmanoglu and Kocabas v. Switzerland, No. 29086/12, ECtHR (Third Section), 10 April 2017


The refusal by the school authorities of exemption from the swimming course for religious reasons does not violate the right to religious freedom.

Art. 9 ECHR

The refusal by the school authorities to grant two young Muslim girls an exemption from swimming classes, for religious reasons (mixed classes) does not violate their parents’ freedom of religion. The refusal is legitimate on the grounds that sport activities in primary schools are designed to foster social inclusion and integration of pupils and that the child’s interest in attending those lessons lies not merely in learning to swim and taking physical exercise, but, above all, in participating in that activity with all the other pupils, without exception on the basis of the child’s origin or the parents’ religious or philosophical convictions. In denying exemption for religious reasons, school authorities, therefore, exercise their right to a free definition and planning of the school curriculum.

The parents only invoked their freedom of religion (article 9 ECHR) because Switzerland has not ratified Article 2 of the 1st additional Protocol of the ECHR, which guarantees the respect by the State of the right of parents to raise their children according to their religious and philosophical convictions.